163 A. 374 | Pa. Super. Ct. | 1932
Argued October 7, 1932. Foreign attachment in assumpsit. Plaintiff claimed to recover from defendant the amount of a credit balance in the former's favor which the latter admittedly sent it on October 6, 1931. This amount represented the balance due by defendant on account of certain purchases it had made from one Harry Goldstein, which Goldstein on terminating his relations with the plaintiff had notified defendant to pay plaintiff.
The affidavit of defense filed recognized that Goldstein was acting as the selling agent of the plaintiff. If so, the rights of the plaintiff could not be affected by any subsequent attempt on the part of Goldstein to rescind his previous order of payment.
A supplemental affidavit must not be inconsistent with the original affidavit. If the supplemental affidavit contradicts the averments of the original in matter essential to a valid defense, the court is warranted in holding that they are insufficient to prevent judgment: Woodoleum Flooring Co. v. Kayser,
The court below committed no error in entering judgment for the plaintiff for want of a sufficient affidavit of defense.
The judgment is affirmed.